Miscarriage
by J. B. Tilton
Summary: The team reopens a 14-year-old murder case where a man is all ready serving a life sentence for the murder. Except the victim turns out to still be alive.
1. Chapter 1

COLD CASE

Miscarriage

By J. B. Tilton (a.k.a. NoAzMale) and Teri Thibeault (a.k.a. Tessalynne)

Emails:

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Rating: K+

* * *

Disclaimer: "Cold Case" and all related characters and events are the property of Jerry Bruckheimer and the CBS Corporation, except for those characters specifically created for this story. This is a work of fan fiction and no infringement of copyright is intended.

* * *

(Authors' note: This story takes place between season 1 episodes "Our Boy Is Back" and "Churchgoing People".)

* * *

The team reopens a 14-year-old murder case where a man is all ready serving a life sentence for the murder. Except the victim turns out to still be alive.

* * *

PROLOGUE

September 17, 1989, 6:17 p.m.

Kyle Lord downed the shot of whiskey and placed the empty glass upside down next to the other six all ready on the bar. He motioned to the bartender for another shot.

"Don't you think you've had enough?" questioned the bartender.

"I'll let you know when I've had enough," said Lord. "Just set me up again."

Just then another man came in the door to the bar. He looked around and then centered in on Lord. Quietly he moved over and took a seat next to Lord.

"So this is where you are," said the man. "I've been looking all over for you. Tamara's worried sick about you."

"Well, well, if it isn't my old buddy, Gayland," said Lord, looking up in disgust at Gayland. "Come to gloat have you, old buddy?"

"Kyle, what are you talking about?"

"You know damn good and well what I'm talking about. You and Tamara, that's what I'm talking about you."

"Kyle, you're crazy. There's nothing going on between Tamara and me. Why would you think that?"

"I found the receipt for the hotel, old buddy," said Lord. "The one where you and Tamara spend your time. You thought I didn't know, didn't you? Well, I do know. I've known for a while now."

"Kyle, you're crazy. You're my best friend. I'd never do anything like that to you."

"You're a liar," said Lord, pushing Gayland away. "I know she's been seeing someone for several weeks. Since we separated. I just didn't know who it was until I saw her car and yours at that hotel. Don't deny it. You know it was your car."

"You're drunk. And even sober you can't tell a Chevy from a Cadillac. You never were very good at telling cars apart. Come on. Let's get you home."

As Gayland tried to help Lord up, Lord suddenly took a swing at him. But the alcohol he had consumed was all ready beginning to affect him. His swing went wild and he stumbled from the stool, barely able to keep from falling to the floor.

"You stay away from me you Benedict Arnold. It was you, I know it was. I ought to kill you for what you've done. You're a backstabbing bastard, that's what you are. Get out of here. You disgust me."

"Kyle, come one. You don't know what you're saying. Let's get you home where you can sleep this off."

Lord took another swing at Gayland and this time he connected sending Gayland clamoring to the floor. Gayland stood up and rubbed his chin.

"Kyle, you don't know what you're saying. You're drunk."

"So what? After what you and Tamara have done to me, I think I have a right to be drunk."

"You have this all wrong. There's nothing going on between Tamara and me. We're just friends. Just like you and I are friends. That's all."

"Yeah, right. I think you'd better leave. Before I do something we'll both regret."

Gayland looked at Lord and realized he was in no mood to talk. Maybe after he sobered up he'd be more willing to listen to reason. Dejectedly he turned and left the bar.

"Get out of here," the bartender said to Lord. "You've caused enough trouble for one day."

"Yeah, whatever," said Lord, turning and heading for the door. "I need to teach him a lesson anyway."

September 17, 1989, 10:42 p.m.

The detectives got out of their car and walked to the place where the uniformed officers were standing. Behind the uniformed officers the guardrail on the bridge was ripped open. One of the detectives glanced into the river below and saw a car lying on its side in the water below. The current was unusually strong this night.

"Officer Vera," said one of the detectives, "what have you got?"

"A car was apparently forced off the road here," said the officer, pointing at the breach in the railing. "There's a vagrant who saw the whole thing. My partner is taking his statement now."

"I don't see a body," said the other detective.

"It may still be trapped in the car," said Vera, looking at the water below. "Of course, with that current it's possible the body may have washed downstream."

"You think whoever was in that car is dead?" asked the first detective.

"That's my guess," said Vera. "From what the vagrant said there's no way whoever was driving it could have survived the impact."

"What's the vagrant have to say?" asked the detective.

"Apparently this car had just started across the bridge when another car came up behind it," said Vera. "He slammed into the back of the car several times and then moved around to the side of it. After that it slammed into the side of the car several times until it forced the first one through the railing."

"Could he give you any details on the other car?" asked the detective.

"No, sir," said Vera. "He was too far away for that. But he did say that after the car went over the side the first car stopped and the driver got out and looked over the edge of the bridge for a few minutes and then got back into his car and drove off."

"Any description on the man?" asked the detective.

"Just generalities," said Vera. "General height, general build, nothing specific. He says he was too far away to get any details."

"Make sure the car is towed in," said the detective. "We might be able to get something off it that will help us identify the other car."

"Yes, sir," said Vera.

The detectives turned and headed for the vagrant to get his statement firsthand.

ONE

October 15, 2003

Lilly and Will were just coming to the police station when they saw Nick walking up from the opposite direction. Only Nick wasn't alone. He was leading a young man into the station. A man who had his hands cuffed behind his back. The man looked to be in his late teens or early twenties.

"Bringing a friend to work today?" Lilly joked, smiling at Nick.

"Can you believe it?" Nick asked. "I'm coming into work this morning and this mook tries to mug me."

"What happened?" Will asked.

"He had a knife," said Nick, opening his jacket to reveal his sidearm. "I had a gun. No contest."

"Real bright," Will said to the man.

"How was I supposed to know he was a cop?" the man complained.

"Well now you'll have a nice long time to think about it," said Nick. "I'll get him processed and then I'll be up. Lilly, tell the boss we'll be up when we done."

"Sure thing," said Lilly. "Have fun."

Nick half smiled at the joke and continued to lead the young man into booking. It didn't take him long to book the assailant. He was fingerprinted, his mug shot was taken, and his information was taken. Then Nick led him to a holding cell where he would wait until a lawyer showed up and he was arraigned.

Nick stopped for a moment and said hi to one of the uniforms in the holding area. They had served together and Nick stopped in to see him every once in a while. As they were chatting Nick looked around at the people in the cells. All sorts were currently awaiting arraignment. On any given day there would be people awaiting arraignment on charges ranging from murder to parking tickets.

As he scanned the cells his gaze fell on a man sitting in one corner. The man was dressed in a non-descript suit and appeared to be in his mid-40s. He seemed to be bored and was looking around.

"He looks familiar," said Nick. "What's his story?"

"Let me see," said the officer. He walked over and rifled through some papers on the desk. "Oh yeah. He came in yesterday. I was off then. His name is Gayland Martin. Ran a red light and hit a parked car. No insurance and no valid driver's license. Got his ID off an expired license from 1992."

"Martin?" questioned Nick, taking the paper from the officer. "Are you sure?"

"Yeah. Says here the only ID he had on him was the expired license from '92. He came in late last night so they haven't processed the paperwork yet. I assume they're doing that right now. Why? You know this guy?"

"Not exactly," said Nick, looking back at the man who was sitting in the cell. "I investigated his murder in 1989."

* * *

"You sure about this, Nick?" Stillman asked after Nick had gone to the squad room. "Fourteen years is a long time. Is it possible you could have gotten this mixed up with another one of your old cases?"

"No way, boss," said Nick, pulling a paper out of the printer. He handed the paper to Stillman. "See? Gayland Martin. Murdered when his car was forced off the University Avenue Bridge on September 17, 1989. The body was never recovered. The detectives investigating the case assumed the body had been thrown from the car and eventually washed out to the ocean."

"Was the doer ever caught?" Will asked.

"Yes," said Nick. "His best friend, Kyle Lord, eventually went to prison for the murder. They had had an argument earlier in the evening. Something about Martin sleeping with Lord's wife. Lord didn't have an alibi and claimed he couldn't remember what had happened that night. Said he was sleeping off a drunk. Plus they matched up damage to Lord's car to the damage caused to Martin's car when he was forced off the bridge."

"Sounds like a slam dunk," said Lilly.

"It was," said Nick. "Lord pleaded out to avoid a death penalty. My guess is he's still sitting in prison for the murder."

"Only now the murder victim turns up alive in Philly," said Stillman. "The question is, where has Martin been for the past 14 years and why did he let his best friend go to prison for a murder he didn't commit?"

"We can ask him when he gets up here," said Nick. "I'm having Martin brought up so we can question him. Since he's still alive Kyle Lord shouldn't be in prison."

"Unless he wasn't driving that night," said Lilly. "Maybe someone else was driving his car that night. Which means Lord may still be guilty of murder."

"That's why I'm having him brought up," said Nick. "I want to get this sorted out."

"Let me know what you come up with," said Stillman, picking up his coffee cup and heading for his office.


	2. Chapter 2

TWO

"So, your name is Gayland Martin," said Nick, looking at the expired driver's license that Martin had on him when he was arrested.

"That's right," said Martin. "Look, I know the license is expired. And I didn't have any insurance when I hit that car. But the brakes on my car were giving me trouble. I didn't run that red light I just couldn't stop. Once I get settled I'm going to make good on the damages to the car, I promise."

"Once you get settled?" Nick questioned.

"Yes. I've been living in Colorado for a while. I only got back to town last night and was looking for a hotel when the accident happened. I didn't leave the scene of the accident. I waited until the police got there. That's got to count for something."

"Oh, I'm sure it does," said Nick. "There's only one small problem. Gayland Martin died in 1989. Murdered on the University Avenue Bridge."

"Oh, yeah, that," said Martin. "I'm not surprised your records show that. After the accident I swam quietly away to disappear. I didn't want to end up dead for real."

"So you were driving the car that night?" Lilly asked.

"Yes," said Martin. "When I was forced off the bridge I got lucky and was able to get out of the car. I was bruised up some but not too badly. Then the car that forced me off the bridge stopped and the driver got out and looked down. Presumably to make sure I was dead. He apparently didn't see me so I decided my best option was to disappear. So I took what money I had on me, bought a bus ticket to Colorado and disappeared."

"Someone wanted you dead?" Nick questioned. "Someone like Kyle Lord."

"Kyle? No. He wouldn't have hurt me. I had seen him earlier in the evening but he was drunk. I doubt he could have driven a straight line, let alone force me off the bridge. My guess is it was Dominic Cordilini."

"The loan shark?" questioned Nick.

"Who's Dominic Cordilini?" Lilly asked.

"He was a small time loan shark back in the late 80s," said Nick. "Worked for Constantine Marconi, the crime boss. He died in 1994 of a heart attack."

"That's him," said Martin. "I owed Marconi a lot of money. Back then I liked the ponies. Only I didn't have the knack for picking winners. Before I knew it I was into him for over $50,000.00. He said if I didn't pay up I'd be sorry.

"Well, I didn't have that kind of money. A couple of nights later I was forced off that bridge. I just assumed it was Cordilini making good on his threat. I couldn't pay up and he was making an example of me. Only I got lucky and made it out of the car that night. So I saw my chance to get out from under him. I left town and went to live in a cabin a friend of mine had in the mountains of Colorado. I've been there ever since."

"Why come back now?" Nick asked.

"I was watching a program on television a few months back," said Martin. "One of those history programs. It was on organized crime in America. It wasn't a big piece but there was a part of it that was on organized crime in Philly. It mentioned that Cordilini had died in 1994. I figured after all this time – and with him dead – I could return to Philly and no one would be looking for me. It's just bad luck I had that accident the night I got back."

"You didn't have any current identification on you," said Lilly.

"No. I was afraid to get a license or anything like that. I knew Cordilini had connections in New York, Los Angeles, most of the major cities. I was afraid if I got a new license he'd be able to track me. Besides, I didn't really need it. My friend – the one who owned the cabin – lives in Washington State and rarely uses it. He said I could stay as long as I wanted. There was a small town nearby with everything I needed so I decided to stay there until I could figure out what to do. Before I knew it more than a decade had passed."

"And you were the only one in the car that night?" questioned Lilly. "You didn't have any passengers with you?"

"No. Kyle and I had an argument earlier that day. He thought I was sleeping with his wife, Tamara. Well, I knew she was seeing someone. But I never knew who it was. He thought it was me. I went for a drive after the argument. To think things over and give him time to cool off. I was headed for his place when Cordilini forced me off the bridge."

"That's just the thing, Gayland," said Nick. "It wasn't Cordilini that forced you off the bridge that night. It was Kyle Lord. He's sitting in prison right now for your murder."

"No, that isn't right," said Martin. "I told you, Kyle wouldn't have been able to drive let alone force me off a bridge. Besides, he was my best friend. He wouldn't have hurt me."

"If he thought you were having an affair with his wife maybe that made him mad enough to want to kill you," said Lilly.

"I can't believe that," said Martin. "Look, Kyle thought he saw my car and Tamara's car at a local hotel. Only Kyle didn't know anything about cars. He could never tell the difference in them. Whoever she was seeing probably had a car similar to mine and Kyle just thought it was mine. I know that once he sobered up and cooled off we'd be able to talk it out."

"They had an airtight case on him," said Lilly. "He had no alibi and the damage to your car matched the damage on his car. Plus he couldn't remember what had happened that night. The DA made a deal with him that allowed him to escape the death penalty."

"I don't care what kind of case they had," said Martin, "Kyle would never had tried to kill me. We had been best friends since Elementary school. We had our ups and downs but we always worked things out. And deep down he knew I wasn't interested in Tamara. We were just friends. That night he was drunk and not thinking straight."

"Okay," said Martin, "even assuming he was driving that night – and I'm not conceding that he was – you said he's doing time for my murder. Since I obviously wasn't murdered, doesn't that mitigate the case? He can't be guilty of murder if no one died."

"He has a point," said Nick. "At worst he'd be guilty of attempted murder."

"A class 2 felony," said Lilly. "Punishable by 3 to 12 ½ years in prison."

"And you said he's all ready spent 14 in prison," said Martin. "Doesn't that mean he can get out? And like I said, I don't believe it was him. It was Cordilini."

"We can talk to the DA about it," said Lilly. "Like you said, he's serving time for a crime he didn't commit. There might be something they can do. We just need to find out which ADA handled the case."

"That's easy," said Nick. "It was Daniel McCain."

"Judge McCain?" Lilly questioned.

"One and the same," said Nick. "He became a judge about 5 years after he put Lord in prison."

"We'll have a talk with him," said Lilly. "I'm sure we can work something out."

"About my current troubles," Martin started.

"I'll talk to the arresting officer," said Nick. "Maybe I can talk him into withdrawing the charges."

"I'd appreciate it," said Martin. "I fully intend to make full restitution for the damage to the car. My staying around until the officer got there should prove that."

"I'll do my best," said Nick.

Nick and Lilly left the interrogation room to fill in Stillman about the turn of events.

"You think you'll have any luck with Judge McCain?" Stillman asked.

"Well, he does have a reputation for giving people a second chance," said Lilly. "I'm sure he'll want to do something when he learns he sent an innocent man to prison."

"Maybe not so innocent," said Stillman. "The evidence against Lord was pretty strong. It's still possible he tried to kill Martin despite what Martin says."

"Still," said Lilly, "even if he had been convicted of attempted murder he'd have been released by now. It doesn't seem fair that he still be in prison since the victim wasn't murdered."

"Okay, go talk to McCain. See what he can do about the situation."

Lilly and Nick left the squad room to have a chat with the judge.

* * *

"I remember this case," said Judge McCain. "One of the easiest cases I ever handled. Open and shut. He couldn't remember what had happened that night. So I cut him a deal. He pleads guilty to second degree murder and I take the death sentence off the table."

"And he took it," said Nick.

"His PD jumped at it. Based on the evidence at the time it was a good deal. And you say that Martin is still alive?"

"He's sitting in our squad room right now, your honor," said Lilly. "We've verified his identity. It's Gayland Martin."

"Well, that puts a different light on the whole thing," said McCain. "But I will say that at the time I didn't do anything wrong. It was a good deal and everyone thought Martin was dead. Even Lord."

"No one is accusing you of anything, your honor," said Lilly. "We were hoping you might be able to help us correct a miscarriage of justice."

"What miscarriage?" McCain asked.

"Martin didn't kill Lord. Even if he tried the most we could charge him with is attempted manslaughter. That's a class 2 felony that carries a penalty of 3 to 12 ½ years. He's all ready spent 14 years in prison."

"And you want to get him out of prison," said McCain.

"He's serving time for a crime he didn't commit," said Lilly.

"The evidence says that he tried," said McCain.

"Yes, maybe he died," said Nick. "Still, he was convicted of murder. And there was no murder. It just seems to us, your honor, that he's paid his debt. He shouldn't be in prison for a crime that never happened."

"Well," said McCain, "I can't say I disagree with you there. And whatever else he may have done, he's obviously not guilty of murder. But I'm the prosecutor who prosecuted the case. It would be inappropriate for me to become involved in this case at this point.

"But I can call Justice Hargrove of the State Supreme Court. Once I tell him what happened I'm sure he'll be glad to issue an order releasing Martin until this can all be straightened out. Under the circumstances I don't think Martin is a flight risk. I'll call him right away and see about getting this straightened out."

"What about the verdict?" Lilly asked. "He was convicted of murder and there was no murder."

"That's a bit trickier," said McCain. "Martin confessed. So he wasn't eligible for any appeals."

"So there's no chance of getting his conviction overturned?" Nick asked.

"I can't answer that," said McCain. "It's possible. With this new information his attorney can petition for a new hearing. The State Supreme Court could set aside his verdict based on this new information. It's very likely they'll overturn his verdict and he'll go a free man."

"At least we can get him out of prison," said Lilly, looking at Nick. "That's something."

"Thank you for your time, your honor," said Nick. "We appreciate the assistance."

"Well, as you said, he's an innocent man. He shouldn't be still in prison for a crime he didn't commit. But you do understand that the DA may decide to prosecute him for attempted murder. I'll call the DA this afternoon and have a talk with him. It seems to me that even if he gets a conviction Martin has all ready served his time for that crime."

"Thank you, Judge McCain," said Lilly. "I know Kyle Lord appreciates anything you can do for him."

"Well, if you'll excuse me," said McCain, "I have some phone calls to make. The sooner I get started on this the sooner we can get Mr. Martin out of prison."

Lilly and Nick left the judge's office and headed back to the station.


	3. Chapter 3

THREE

The next day Kyle Lord was led into the squad room by a uniformed police officer. He was dressed in regular street clothes, not the prison uniform he had worn for 14 years. He had a perplexed look on his face. The officer led him into the squad room and then left.

"Kyle Lord," said Nick. "Do you remember me?"

"Yeah, yeah I do," said Martin. "You're the cop that arrested me. For killing Gayland. What's this all about? The warden told me I had been released on my own recognizance. Something about new evidence in my case."

"Yes," said Nick. "This is Lilly Rush, Will Jeffries, and Lieutenant John Stillman."

"Nice meet you all," said Lord. "I still don't understand. What's this new evidence the warden spoke of? I don't even remember that night. My car was obviously used to kill Gayland and I was the only one who had access to the car. Well, my wife and I. But I had the car that night. So I don't see what new evidence there could be in my case."

"Why don't you follow me," said Nick. "We'll try to clear this up."

Nick led Lord to the interrogation room and opened the door. Then he motioned for Lord to enter. Lord walked into the room confused and then saw Gayland Martin sitting at the table. Gayland stood up and it took Lord a moment to recognize his old friend.

"Gayland?" he questioned. "That's impossible. You're dead. They said I killed you 14 years ago."

"A long story, old buddy," said Gayland. "I had no idea you had gone to prison for my murder or I'd have come right back. Believe me, I would never have let you go to prison for something you didn't do."

"I don't understand," said Lord. "I remember the argument in the bar that day. That's the last thing I do remember. The next thing I knew the police were pounding on my door. They matched up the damage to my car to the damage to your car. And they had a witness who saw me drive you off the bridge. How can you be alive?"

"Like I said, it's a long story," said Martin as the two took a seat at the table. "It starts with a loan shark named Dominic Cordilini."

* * *

"So I spent 14 years in prison for a crime I didn't commit," said Lord after Gayland had finished telling him what had happened.

"In all fairness," said Lilly, "there was nothing else the police could think. They had an eye witness and Martin's body was never recovered. When he didn't come forward there was nothing else the police could think."

"Guess I can't argue," said Lord. "I saw the evidence they had. It was pretty convincing. But you know, I can't believe I tried to kill Gayland. I know I was pretty angry that night and I had more to drink than I should have but I can't believe I was so drunk I tried to kill him."

"I don't believe you did," said Gayland. "It was too dark to tell what car it was that forced me off the bridge that night but I never believed it was you. I just figured it was Cordilini or one of his thugs."

"The evidence was pretty substantial," said Nick to Lord. "The damage to your car matched up exactly to the damage of Gayland's car. There was no doubt that your car was the one that forced Gayland off the road."

"Could anyone have had access to your car?" Lilly asked.

"No," said Lord. "Just my wife and me. We were the only ones who had a key to the car. And if I remember the police said there was no sign of tampering with the car. But I know it wasn't my wife. My car was a standard and she couldn't drive a clutch."

"That kind of eliminates any suspects," said Nick.

"We've all ready talked to Judge McCain," said Lilly said. "He was the one who arranged for your release. He also said there was a very good chance your case can be overturned since Martin is still alive."

"So that means I'd go free?" Lord questioned.

"On the murder charge, yes," said Nick. "But he also said there was a chance the DA might want to prosecute you for attempted murder. Since the evidence shows you tried to kill Lord."

"I've all ready served 14 years for a crime I didn't commit," said Lord. "Now I'll have to go back inside for something that happened 14 years ago?"

"Maybe not," said Lilly. "Judge McCain said he'd talk to the DA. See if he'll pass on the attempted murder charge since you've all ready served time for the murder. Even if he does you'll most likely get credit for the time you've all ready served. Which means you could very likely end up serving no more time at all."

"Well, that's something," said Lord. "What do I do now?"

"You have to stick around until this is taken care of," said Stillman. "The courts will have to make a disposition on your case. But as long as you show up for your court appearances you can do whatever you want. Just don't leave Philly."

"Don't have anywhere to go anyway," said Lord. "Besides, there's no reason for me to run. I made peace with what I did a long time ago. I just want to get on with my life. The problem is, where do I go? My wife divorced me years ago. And I don't have any other friends or family here in Philly."

"You can stay with me for the time being," said Gayland. "I'm in a hotel room right now but as soon as I'm back on my feet I plan to get my own place. It will give us a chance to catch up. And maybe I can start to make up for what I've put you through the last 14 years."

"You've got nothing to make up for," said Lord. "I can't blame you for taking off like you did. And it wasn't your fault you didn't know they nailed me for your murder. But I don't have anywhere else to go."

"We have his address," said Lilly. "So you're free to go for now. Just remember. Make your court appearances. This should all over in no time."

"Thank you," Lord said. "Thank you for everything. I thought I'd spend the rest of my life in prison."

"Our pleasure," said Lilly.

They watched as Lord and Martin left the interrogation room.

"Easy case," Stillman said. "I wish they were all this easy."

"Sometimes we just get lucky, boss," said Lilly.

Two days later ADA Johnson showed up in the squad room. Nick had dealt with him before. He was okay. But they had never gotten to be real good friends.

"Detective Vera," said Johnson walking up to his desk. "I just thought you'd like to know the disposition on the Lord case."

"Yeah," said Vera. "I was the one who locked him up. I'd like to help make up for that."

"You didn't do anything wrong," said Johnson. "I've read the file. You did everything by the book. Exactly what you were supposed to do."

"I put an innocent man in prison," said Nick. "Maybe I didn't do anything wrong but that's not an easy thing to live with."

"I guess I can understand that," said Johnson. "Anyway, I've been interviewing the participants from that case. Based on what I've been able to find out I've decided to recommend that we just drop the case. Even if we are lucky enough to get a conviction for attempted murder he's all ready done more than the maximum for that crime. The DA will just sign off on my recommendation. Mr. Lord will be a free man."

"Thanks," said Nick. "He'll be glad to hear that. He can get on with his life now."

Just then Stillman came out of his office putting his coat on.

"Heads up," he said. "A call just came in. There's been a murder over at the Stanton Hotel. They have the doer in custody."

"What's that got to do with us, boss?" Lilly asked. "We handle cold cases."

"I thought you might have a special interest in this one," said Stillman. "The victim is one Gayland Martin. And the doer they have in custody is Kyle Lord."

Everyone immediately grabbed their coats and headed for the door. ADA Johnson decided to tag along.


	4. Chapter 4

FOUR

"What have you got?" Stillman asked of the detective when they got to the hotel.

"Pretty straight forward," said the detective. "People in nearby rooms heard two men arguing, then a gunshot. One of them called the police. When the patrol unit got here they found Gayland Martin dead on the floor. Kyle Lord was bent over the body."

"I didn't do it," said Lord, sitting on a chair in the corner. "I went out to get something to eat. When I got back I found Gayland on the floor. I was checking to see if he was still alive when the police arrived."

"Take it easy," said Nick. "We'll get this sorted out."

"What about the weapon?" Stillman asked.

"Right here," said the detective. "We dusted it for prints but it's clean."

"He wipes the gun down but sticks around for the police to show up?" questioned Stillman. "That doesn't make a whole lot of sense."

"Maybe he didn't have time to ditch it," offered ADA Johnson.

"Stay out of this," said Nick.

"I'm just trying to help," said Johnson.

"Okay, what happened exactly?" Nick asked Lord.

"Gayland's been looking for an apartment for us," said Gayland. "He had made arrangements with the management to let me stay here until we could find a place. Tonight it was my turn to get the dinner. We agreed that we'd take turns getting dinner. I went out to get something and when I came back he was on the floor. I bent down to check to see if he was still alive and that's when the police busted in."

"Okay, just sit tight," said Nick. "We'll get this straightened out."

"It looks pretty straight forward," Stillman said. "The uniforms arrived within 7 minutes of the phone call. And there's been no sign of any tampering with the door."

"I want to take this slow," said Nick. "I all ready put this guy in prison for a crime he didn't commit and the evidence looked open and shut then, too. I just don't want to make the same mistake a second time."

"It doesn't really matter," said Johnson.

"I told you to stay out of this," said Nick, his anger flaring.

"Ease up, detective, I'm just trying to help," said Johnson. "All I'm saying is my office will be involved regardless. I'm not trying to interfere with your job or tell you how to do your job. And I'm not interested in locking up an innocent man anymore than you are."

"Take it easy, Nick," said Stillman. "No one is going to railroad him into prison again." He turned to Johnson. "What do you mean it doesn't really matter?"

"Just that there isn't anything we can do to him even if he did shoot Martin," said Johnson. "Double jeopardy. He's all ready been convicted of killing Martin once. Even under the circumstances he can't be tried twice for the same crime. All we can do is send him back to prison to finish his sentence."

"But I didn't do it," protested Lord. "I told you, I came back to the hotel and found him like that. That's the truth."

"I believe him," said Nick. "He didn't seem to be holding a grudge at the station. And he was about to be a free man. Why jeopardize his freedom by killing Martin? Besides, he has very little blood on him. There's GSR on Martin's clothes. Whoever shot him shot him at close range. Martin should have been covered in blood."

"There's more," said Lilly and Scotty coming into the room. "We've been talking with the officers. A man in one of the nearby rooms said he heard a door slam just after the shots were fired. And he heard footsteps like someone was running down the hall."

"Which could mean that someone else did the shooting and ran away," said Stillman. "And Lord is telling the truth about coming in and finding Martin on the floor like this."

"There's another thing," said Scotty. "One of the room service people said he saw a man knocking on the door minutes before the shots rang out. And the description of the man doesn't fit Lord."

"Lieutenant," questioned the detective on the scene, "are you taking over the investigation?"

"No," said Stillman. "But we have a vested interest in this case. It's possible it could be connected to a cold case we were working on."

"How do you mean?" Johnson asked.

"We know that someone forced Martin off the bridge in 1989," said Stillman. "Lord has no memory of that. Now three days after Martin returns to Philly he's murdered. That seems just a bit too coincidental to me. What if it wasn't Lord who forced him off that bridge 14 years ago? What if someone else got Lord's car and used it to try to kill Martin? He thinks Martin is dead. Now that Martin is back he thinks Martin can identify him. So he does the only thing he can. He gets rid of Martin before he can make identification."

"But Martin said he couldn't identify the man who forced him off the bridge," said Nick.

"Maybe whoever it was didn't know that," said Stillman.

"A car was seen speeding out of the parking lot a couple of minutes after the shots were fired," said Will, coming into the room. "A witness says a man came running out of the hotel, got into the car, and peeled out like someone was after him."

"Did they get a look at the man?" Stillman asked.

"No, he was too far away," said Will. "But he said the man was wearing a heavy overcoat with the collar turned up. And he was wearing gloves."

"Gloves?" questioned Scotty. "It's gotta be 70 degrees out right now. Why would someone be wearing gloves in this weather?"

"Maybe to keep from leaving fingerprints," suggested Johnson. "Look, I'll admit there are a lot of unanswered questions in this case. And at the moment it points to Lord pulling the trigger. But I'm willing to concede that he might just be innocent. Besides, as I said, even if he did shoot Martin there's not a whole lot that can be done to him except send him back to finish his sentence because of double jeopardy. And unless the investigation an turn up some evidence that he didn't do it, that's exactly what's going to happen.

"But there's also the possibility that someone else is the shooter. It also means that Lord could be a potential target. The shooter may believe that Lord can identify him, too. Until we can get this sorted out we'll hold Lord as a material witness. Put him in protective custody until we can complete the investigation. I'll need to talk to my boss to see how he wants to handle this."

"I'll take care of it," said Nick. "And then I'm going to find the guy who did this."

"You'll do no such thing," said Johnson. "As your lieutenant said, you have a vested interest in this case. It might not look good if you were involved in this investigation. Just let the detectives on the case do their jobs. I'll make sure they keep you apprised of what they discover."

"In the mean time," said Stillman, "we still have our own work to do. We need to get out of here and let the detectives do their jobs. I'll talk to the lieutenant handling the case and make sure he keeps us in the loop. For now we need to get back to the squad room."

"I'll be there as soon as I transport Lord to protective custody," said Nick. "I'll see you at the station."

"Fine," said Stillman. "Let's meet in the squad room in 30. We need to go over our next case."

After conferring with the detectives on the scene, the cold case team headed back to the station. Nick escorted Lord to the holding cell and then went to the squad room. When he arrived there everyone else was all ready there.

"I can't believe you just let them take over the case," Nick said to Stillman, his temper flaring. "Those detectives think they have an open and shut case. I doubt they'll do any kind of legitimate investigation. More than likely they'll just right it up and Lord will end up back in prison for another crime he didn't commit."

"Settle down, Nick," said Stillman. "That's exactly what we were talking about before you got here. I know the detectives on the case. They'll do a thorough investigation. And they're going to let me know exactly what they find out."

"Besides, we have a case of our own to work on," said Lilly, laying he hand on a box sitting on the table.

"You can't be serious?" Nick said. "We can't just sit back and let Lord go back to prison. I don't think he did it. You expect me to work on some cold case while he rots in prison for something he didn't do? That ain't gonna happen."

"No one said it would," said Stillman. "But Johnson is right. This isn't our case, regardless of our feelings in the matter. We handle the cold cases. And right now I think there's one that demands our attention."

"Which one?"

"How about an attempted murder from 1989?" Will asked. "Where the victim was forced off the University Avenue Bridge?"

"You want to investigate the original crime?" Nick asked.

"Exactly," said Lilly. "The boss was right. Lord may not have been the one to force Martin off the road that night. If he wasn't, the real doer may have decided to finish the job. Maybe if we can find out who made the attempt in 1989 we'll find out who killed Martin today."

"Well," said Nick, his anger abating, "that makes sense. But the evidence points to Lord from that case."

"You know as well as anyone that looks can be deceiving," said Scotty. "And after 14 years we might be able to find something that the investigators overlooked the first time around."

"Sounds good to me," said Nick. "But there's one thing I don't get. Why are you so sure that someone else might be involved, boss? The detective on the scene was right about one thing. It looks like an open and shut case. I understand why I don't buy it. What makes you think it wasn't Lord?"

"It's been my experience that murderers don't hang around for the cops to show up," said Stillman. "Even if Lord was planning to kill Martin, why wait 3 days to do it? And then why hang around so the police can take him into custody? Even if he knew they couldn't try him again for the murder he must have known they'd send him back to prison to finish his sentence. It just doesn't add up."

"Unless he didn't do it," said Will.

"Exactly," said Stillman. "And like you said, a man shouldn't go to prison for something he didn't do."

"Oh, okay," said Nick. "Sorry about the way I exploded a while ago. I just feel guilty about sending Lord to prison the first time. I don't want to feel responsible for sending an innocent man to prison a second time for something he didn't do."

"Don't worry about it," said Stillman, reaching into the box on the desk. "Now. Let's see what we've got here."


	5. Chapter 5

FIVE

Lilly and Will paid a visit on Tamara Lord. Only her name was now Tamara Kiminski. She had remarried after divorcing Kyle and was now living in an affluent part of town. She and her new husband had no children.

"What can I do for the Philadelphia Police Department?" Tamara asked. "I can assure you I haven't broken any laws. My husband is a lawyer."

"We're reopening the case that put your husband in prison," said Will. "Your husband Kyle Lord."

"Oh, yes," said Tamara. "That was terrible business. I couldn't believe Kyle had done that. He and Gayland were such good friends. Even drunk it was hard to believe he'd harm Gayland. But the evidence was overwhelming. Eventually even I had to accept that Kyle was guilty."

"You eventually divorced your husband," said Lilly.

"Yes. I was going to stick by him. But he eventually convinced me that I shouldn't waste my life waiting for him. He might never get out of prison and he said I shouldn't wait for him. It took me a while but I finally realized he was right."

"Mrs. Kiminski," said Lilly, "some new evidence has come to light in your husband's case. Evidence that shows he didn't kill Gayland Martin that night."

"Really? I don't understand. The police said the evidence was ironclad."

"Apparently Martin wasn't killed that night," said Will. "He was able to get out of the car. But he was in debt to a loan shark and decided to disappear. He's been living in Colorado the past 14 years. And he came back to Philadelphia a few days ago."

"Really? Does that mean Kyle will get out of prison now? He pleaded guilty to murder and if Gayland isn't dead then Kyle couldn't be guilty of murder."

"The district attorney is working on that," said Lilly. "Unfortunately Gayland Martin was murdered yesterday. And it appears that Kyle may have killed him."

"That's not possible," said Tamara. "I told you, they were best friends. We all were. We had grown up together. Kyle could never hurt Gayland."

"That's what we're looking into," said Lilly. "We think whoever killed Gayland might have been the one who tried to kill him 14 years ago. That's what we're looking into. Kyle said only you and he had keys to his car."

"Surely you don't think I tried to kill Gayland. He was a very good friend."

"We have a witness that identified a man that forced him off the bridge that night," said Will. "We just need to know if anyone else had access to his car besides the two of you."

"Not that I know of. He had the set he used. And he gave me a set in case he had a problem and needed them. I never could drive a clutch so the key really didn't do me any good. They were simply a backup set. As far as I know they were the only two sets to the car."

"Kyle said he suspected you were having an affair," said Lilly. "The night that Gayland disappeared Kyle accused him of having an affair with you."

"That's just crazy," said Tamara. "Gayland and I were never interested in each other that way. That was the alcohol talking."

"But you were having an affair, weren't you?" Lilly asked.

"I suppose it doesn't matter now. Yes, I was having an affair. But it wasn't with Gayland. Kyle and I had been separated for several months and I was lonely. I met a man and we hit it off. Before I knew we were involved."

"Who was he?" Will asked.

"Believe it or not it was a policeman," said Tamara. "His name was Gregory Warzinski. I broke it off when Kyle was arrested. I didn't think it would look right if I was having an affair while he was in prison for murder."

"Did Martin know you were having an affair with Warzinski?" Lilly asked.

"He suspected," said Mr. Kiminski. "I was at the mall one day meeting Gregory and we bumped into Gayland while we were there. I simply said that Gregory was an old friend I had also run into at the mall. I don't think Gayland believed me but he never said anything."

"Mrs. Kiminski, we have to ask," said Will. "Where were you when Martin was forced off the bridge?"

"I was at my sister's in Pittsburgh. She was having a bout with the flu and I was helping her with her children. But as I told you, detective, I've never been able to drive a clutch. I couldn't have forced Gayland off the bridge nor did I have any reason to."

"No one is accusing you," said Lilly. "Can you think of anyone who might have had it out for Gayland? Someone who had a grudge against him?"

"Not really. I know he had a gambling problem. Maybe his bookie?"

"We all ready know about him," said Will. "He died in 1994."

"Well, other than that, I don't know of anyone who might have hated him enough to kill him."

"What about your husband's car?" Lilly asked. "Is there anyway someone could have gotten your keys to it? While you were in Pittsburgh?"

"Oh, no, I had them with me. I kept them on the same key ring as the house keys. That's why I was so surprised when they said that the damage to the two cars matched up. Other than me only Kyle had keys to the car."

"Thank you for your time, Mrs. Kiminski," said Lilly. "We appreciate the help."

"Have you seen Kyle?" she asked. "How is he doing? After we were divorced I decided not to go see him anymore. I've wondered how he's been."

"He seems to be doing fine," said Lilly. "We'll tell him you asked about him."

"Thank you. I'd appreciate that."

"Gregory Warzinski," said Will thoughtfully as they walked to the car.

"You know him?"

"Met him a couple of times. He works at the property room. Been there about 25 years. I've never talked to him much. But from what I know he's a good cop."

"Maybe we should have a chat with officer Warzinski," said Lilly. "If he was having an affair with Mrs. Kiminski maybe he knew someone who had it out for Martin."

"Gayland and Lord were best friends. It's worth a shot."

* * *

Stillman and Nick were at the VA Hospital in Virginia to talk to Walter Starling. Starling was the vagrant that had witnessed the incident in 1989. He was in a semi-private room and was currently lying in bed with an oxygen tube running in his nose. He was about 70 years old and the years had not been good to him.

"Mr. Starling I'm Lieutenant Stillman and this is Detective Vera with Philadelphia Homicide. We'd like to talk to you about an incident you witnessed in 1989."

"You mean the night that car was forced off the University Avenue Bridge?"

"You have a good memory," said Nick.

"It's the only thing of any significance that happened that year. Besides, the cops questioned about that incident. More than once. When you see a man get killed it's not something you soon forget."

"What can you tell us about that night?" Stillman asked.

"Just like I told the cops back then. I was sleeping a drunk off in a place I used to hang out at a lot in those days. I had just woken up and was on my way to find my next bottle. Suddenly I see these two cars some speeding onto the bridge. One kept slamming into the back of the other one and then it sped up alongside the car. Slammed into it a few more times and finally forced it through the railing into the river below."

"We understand that after the car was forced into the river the driver of the first car got out," said Stillman.

"Yeah. Once he forced the other car off the bridge he pulled over and got out. Walked to the edge of the bridge and looked over the side. Like he was making sure no one got out of the car. Then he looked around and got back into his car and left."

"You're sure it was a man?" Nick asked.

"Yeah. It was too dark and I was too far away to see who it was but it was definitely a man. That's all I know."

"Are you sure of what happened that night?" Stillman asked. "You said you were sleeping off a drunk that night."

"Yeah, I'm sure. I was sober by the time I woke up. That's why I was on my way out to look for another bottle. Yeah, I remember what happened that night. Just exactly like I told you."

"So you didn't know either of the men in those cars?" Nick asked.

"No. I didn't even know who they were until the police told me their names. They didn't mean anything to me then and they still don't. Never really saw either of them."

"Thank you, Mr. Starling, for your time. We appreciate it."

"He wasn't much help," said Nick as they left the hospital. "Not much more than was all ready in the file."

"Well, we have to follow up all leads no matter how flimsy. Besides now we know for sure that the doer was a man."

"You mean it discounts the wife. That doesn't mean she didn't put the doer up to it."

"If we find the doer he might give her up. Assuming she did put him up to it."

"Well we need to get back to Philly. You want to drive or you want me to?"

"I drove down. Seems it's your turn."

Nick just smiled as Stillman handed him the keys to the car.


	6. Chapter 6

SIX

"The vagrant didn't have much to add," Stillman said the next day at the station. "He didn't have much to add beyond what he told the police when it happened."

"He did verify that the doer was a man," said Nick.

"Which means we can discount the wife," said Lilly. "And according to her she was having an affair with someone. It was a cop named Warzinski. Will says he works in the property room."

"It looks like the only one who had it out for Martin was Cordilini," said Nick. "Fifty grand is pretty good incentive for wanting someone dead."

"Except you can't collect from a dead man," said Stillman. "Of course he could have decided to make Martin an example. To others who weren't paying their debts."

"But Cordilini has been dead for 9 years," said Lilly. "So he couldn't have murdered Martin."

"What about his boss?" Will asked. "Constantine Marconi? It could be that Marconi still felt that Martin owed him the money. Even after all these years."

"So how did Marconi even know that Martin was still alive and back in town?" Stillman asked. "He'd only been back a couple of days. And as far as we know he hadn't seen anyone other than the officer who arrested him and us."

"He was in the lockup," said Nick. "Maybe one of the guys in there recognized Martin and let Marconi know he was back in town."

"We'd better have a talk with Marconi," said Stillman. "Will, you and I can handle that. Lil, why don't you and Nick have a chat with Officer Warzinski? See if he can shed any light on who might have had it out for Martin."

"Right, boss," said Lilly. "Will said he works the day shift at the property room. We should be able to find him there today. Although I'm not sure what he can tell us. He was having an affair with Mrs. Lord. There's no indication he ever met Martin."

"Check it out anyway," said Stillman. "You never know where a lead will take you."

* * *

"Officer Warzinski? Detectives Rush and Vera homicide," Lilly introduced at the property office.

"What can I do for you detectives? Looking for something for a case?"

"You were having an affair with Tamara Lord in 1989?"

"Oh, that brings back memories. Yes, Tamara and I were together for a while back then. It wasn't anything big. We were both separated from our spouses and we found we had a lot in common. I had a pretty set schedule so it was easy for me to plan my days. And my weekends."

"A cop with a set schedule?" questioned Nick. "That seems unusual. I remember when I was in uniform. I was always working overtime or double shifts."

"You didn't work in the property room," said Warzinski. "I'd only been on the job a couple of years when I took a bullet to the hip. I recovered okay but I couldn't go out on patrol anymore. I can't run. So they transferred me to the property room. Don't have to do much running here and I get plenty of time to sit down to rest my hip when I need to."

"What about your affair with Mr. Lord?" Lilly asked.

When her husband was arrested for murdering his best friend Tamara broke it off."

"And that didn't tick you off?" Nick asked.

"Not really. We both knew it wasn't anything permanent. And considering the charges against her husband I thought it wasn't a good idea if she were seeing a cop at the time."

"What can you tell us about the man who he was charged with murdering Martin?" asked Lilly.

"Only what I read in the papers. That Lord had forced him off the University Avenue Bridge into the river. As I understand it they never found the body but he never turned up again so it was pretty obvious he had died and his body had washed out to the ocean."

"That was the assumption," said Nick. "Only it turns out that wasn't what happened. Martin was able to get out of the car and decided to disappear because he owed a substantial chunk of change to a local loan shark."

"Really? I didn't know that. Is that what this is about?"

"Not exactly," said Lilly. "It seems that Martin was murdered a couple of days after he came back to Philly. We're trying to find out who might have had it out for him back them."

"I don't understand. I thought Lord confessed to killing Martin."

"Not exactly," said Lilly. "He took the DA's offer based on the evidence they had to escape a death penalty. He claims he couldn't have killed Martin even if he was drunk. We're just trying to figure out who wanted Martin dead back then."

"Because you think they may have come back to finish the job," said Warzinski. "Tamara mentioned him a few of times when we were together. And I never met him myself. The first I heard about him was when I read it in the paper that he'd been murdered."

"So you didn't know of anyone who might have wanted him dead."

"I do remember Tamara mentioned that he said something about owing money to a loan shark. Maybe the loan shark wanted him dead."

"We knew about the loan shark," said Nick. "Only he died in 1994."

"Maybe the guy that Cordilini worked for," said Warzinski. "I understand it was Constantine Marconi. From what I know of Marconi he's not the type to just let a fifty grand debt go unpaid."

"How did you know Cordilini worked for Marconi?" Lilly asked.

"In those days Marconi ran all the loan shark businesses. He had a corner on the market for a long time."

"You mentioned Cordilini," said Nick. "We never mentioned him. How did you know it was Cordilini that Martin owed money to?"

"I told you. Tamara mentioned it to me. She was worried about Martin. She said they had all grown up together, her, Martin, and Lord. She said he was getting in deep with the loan shark and she was afraid he might do something to him if he didn't pay up."

"You didn't think to mention this at the time Martin died?" Nick asked.

"It didn't seem relevant. The story was that Lord had murdered Martin. And he pled guilty to the murder. Martin's debt to Cordilini was never mentioned. I just assumed that it didn't have anything to do with the murder."

"But you did know that Lord had supposedly killed Martin because of what he thought was her affair with him," said Lilly. "You never came forward about that."

"Again, I didn't think it was relevant. Like I said, Tamara had called the affair off by then. And Lord seemed genuinely sorry he had killed Martin. I didn't see it would do any good to let him know he had killed he wrong man. He was going to prison for the rest of his life. I didn't want to cause him any more grief. In a way, he went to prison because of me. If I hadn't had the affair with Tamara there would have been no reason for him to kill Martin. It seemed the humane thing just to keep quiet about it."

"Thanks for your time," said Lilly. "We'll let you get back to work now."

* * *

Constantine Marconi was in a private suite hospital. The doctors told Stillman and Will that he had been diagnosed with emphysema and that he would probably die within a few months. Even at over 70 years of age, Marconi still appeared to be a powerful man.

"We'd like to talk to you about one of your employees," said Stillman. "Dominic Cordilini."

"Certainly," said Marconi. "You do know he's been dead a while."

"Yeah, we know," said Will. "It concerns someone who owed him money back in 1989. Gayland Martin."

"I don't seem to recall that name. But then it was nearly 15 years ago. I can't be expected to remember everyone my nephew had dealings with that far back."

"Cordilini was your nephew?" Stillman asked.

"My wife's nephew, actually, may she rest in peace. But I never had any complaints with his work. I gave him a job because my wife wanted me to. I didn't think he'd ever amount to much. But he proved me wrong."

"He ran one of your loan shark businesses," said Will.

"Detectives, please," said Marconi smiling coyly. "I'm an honest business man. I always have been. Loan sharking is illegal. I'm sure you're aware of that."

"Of course," said Stillman. "So, exactly what did Marconi do for you?"

"He was in debt collections," said Marconi. "As I'm sure you're aware some people just refuse to pay what they owe. Dominic was in the business of collecting the outstanding debts owed by some of those people."

"And if someone got hurt during one of those collections that was just the price of doing business, is that it?" Will asked.

"Well, I can't say it never happened. But I never encouraged such behavior."

"Even for $50,000.00?" Stillman asked. "That's what Martin owed Cordilini."

"As I said, I don't remember the name Martin. And perhaps my nephew could be a bit overzealous doing his job. If he overstepped the bounds in collecting a debt well I can hardly be held responsible for that. As I said, I never encouraged such behavior."

"Of course you didn't," said Will. "What about some of your nephew's co-workers? Were they ever 'overzealous' in collecting debts?"

"I suppose we all are at one time or another. Everyone's interested in impressing the boss, as it were. But I can assure you that my nephew would not have been involved in killing anyone. It's very difficult to collect from a dead man. And for that amount you can be confident I would not have let him harm Mr. Martin. Too much."

"Well someone forced him off the University Avenue Bridge," said Stillman. "And someone who won't pay fifty grand seems to be a lot of incentive to make an example of him. For others who won't pay their debt."

"As I told you, I don't remember the name Martin. But I do remember that incident. It was in all the papers. And I do remember my nephew telling me that the individual involved did owe us some money. However, since he apparently died in that accident my nephew would simply have written the debt off."

"You wouldn't have tried to collect from his family?" Will asked.

"Let me be quite frank, detective. I deal with the people who owe me money. I don't bother with innocent bystanders, so to speak. Not even for that amount. It's not good for business. But you may want to speak with a friend of his. Actually, the wife of a friend. I believe she was supposed to be having an affair and the friend believed it was with him."

"What would she have to tell us?" Stillman asked.

"Let's just say that she might be able to point you in the right direction of whoever may have forced this Mr. Martin off the bridge. I don't recall the exact conversation but I do recall my nephew telling me something about one of his co-workers, as you put it, being involved. I'm afraid that's all I can remember."

"Thanks for your time," said Stillman. "If we have any more questions we'll be back."

"I'm not going anywhere," said Marconi. "At least not for a few months."

"Cocky SOB," said Will as they left the office.

"He's been running one of the most powerful organized crime families in the city for nearly half a century," said Stillman. "We've never been able to pin anything on him, though. And from the looks of it we never will."

"I wonder what he was talking about?" wondered Will. "A co-worker of his nephew. I wonder which co-worker he was referring to?"

"When we get back to the station run Cordilini's name through the computer. See who his known associates were. That might give us a clue. Rush's conversation with Lord's wife didn't really produce anything tangible. Maybe she needs to go back and have another chat with her."

"I'll get on it as soon as we get back," said Will.


	7. Chapter 7

SEVEN

The next day Lilly and Nick returned to the Kiminski house. This time Mr. Kiminski was home.

"You weren't exactly honest with us yesterday," said Lilly after they were seated.

"I'm sure I don't know what you mean," said Mrs. Kiminski. "I answered all of your questioned as honestly as I could. I'm not sure what else there is for me to tell you."

"You never mentioned you were associated with Dominic Cordilini," said Nick. "The loan shark that Martin owed money to."

"Hold on, detectives," said Mr. Kiminski. "Are you implying that my wife had something to do with Gayland Martins' death?"

"We've learned that there was an association of some type," said Lilly. "We were told if we wanted to learn who tried to kill Martin in 1989 we should ask your wife about one of Cordilini's co-workers."

"I never met Mr. Cordilini," said Mrs. Kiminski. "And I'm sure I don't know any of his co-workers."

"Are you familiar with the name Constantine Marconi?" Lilly asked.

"I am," said Mr. Kiminski. "He's head of an organized crime family here in Philly. I understand that he's in the hospital right now and is not expected to live beyond a few months."

"That's right," said Nick. "He told our boss we should talk to your wife. Said she would be able to point us in the right direction of whoever tried to kill Martin that night."

"I don't know why he would tell you that," said Mrs. Kiminski. "As I said, I never met this Cordilini or any of his co-workers. I have no idea why Mr. Marconi would tell your boss something like that."

"That's not exactly accurate," said Mr. Kiminski. "Tamara, if you remember you did see Cordilini once. That time at the mall, remember?"

"Oh, yes, I had forgotten that," she said.

"You saw him?" Lilly asked.

"Only from a distance," said Mrs. Kiminski. "This was before Robert and I were married. When I was still seeing Gregory. I was at the mall and ran into Gregory there. He was talking to a man I had never seen before. When I told Robert about it he told me that the man was this Dominic Cordilini."

"It wasn't hard to determine who he was," said Mr. Kiminski. "He always wore lots of jewelry, especially rings. I think he wore a ring on each finger. He always reminded me of a pimp in those old '70s movies and television shows."

"You knew Cordilini?" Nick asked.

"My law firm represented him in a couple of cases," said Mr. Kiminski. "I never handled him personally but I was acquainted with him."

"So you're a criminal defense attorney?" Nick asked.

"That's right, detective," said Mr. Kiminski, smiling slightly, "I'm the enemy. Seriously, though, as I said I never represented Mr. Cordilini myself but I did know who he was."

"And you said Warzinski was talking with Cordilini?" Lilly asked.

"Yes. As I said I didn't know who he was at the time and I never saw him again. Gregory just said it was an old friend he had run into at the mall."

"Mrs. Kiminski," said Lilly, "was that the same day you ran into Martin at the mall? The incident you told us about yesterday."

"Why, yes it was, as a matter of fact," said Mrs. Kiminski. "I never gave it much thought, really. Like I said, I only saw this Cordilini the one time and Gregory never brought him up again."

"Exactly when was that?" Nick asked.

"About a week before Gayland was forced off the bridge. To be honest I had forgotten all about it. Kyle was arrested the following week and an incidental meeting with an old friend didn't seem important."

Lilly and Nick just looked at each other. They both knew their conversation with Mr. and Mrs. Kiminski was over. And they needed to get back to the station right away.

"Mrs. Kiminski, thank you again for your time," said Lilly. "You've been very helpful. We can see ourselves out."

"Sounds as if Officer Warzinski wasn't exactly honest with us," said Nick. "He said he only knew Cordilini by reputation. I wonder what else he wasn't totally honest about?"

"Let's go see if we can find out," said Lilly as they got into the car and headed back to the station.

* * *

"Officer Warzinski, I'm Lieutenant Stillman. We asked you back here so we could clear up a couple of questions about our current investigation."

"Anything I can do to help, lieutenant. Only I don't know what else I can add that I didn't tell you detectives when they came to see me."

"For one," said Lilly, "you can explain about your relationship with Dominic Cordilini."

"I don't know what you're talking about. I didn't know Cordilini."

"Is that so?" Lilly questioned. "Tamara Lord says that you do. That you introduced him to her as an old friend."

"I'm sure she just misunderstood," said Warzinski. "It was 14 years ago."

"I never said when you told her," said Lilly. "How did you know it was 14 years ago?"

"We weren't together that long, that's all," said Warzinski.

"Maybe you could clear up another matter," said Stillman. "You told my detectives that you were injured and had to be transferred to the property room."

"That's right," said Warzinski. "It's in my record."

"Oh, I know it is," said Stillman. "I checked your record. Only you weren't transferred to the property office right away. You spent several months working in the impound lot before being transferred to the property room."

"During the same time that Gayland Martin was forced off the bridge in 1989," interjected Lilly.

"Oh, that's right. I had forgotten about that. It wasn't very long. It had totally slipped my mind."

"A lot of things you can do in the impound lot," said Stillman. "Like make a spare key to any cars that have been impounded."

"And Kyle Lord's car had been impounded about a week before Martin was forced off that bridge," said Lilly. "What did you do, Warzinski? Realize that Lord was constantly getting his car towed and decided to make a spare key in case you needed it sometime? You would have known where Lord lived. And you knew he was drunk most of the time. It would be an easy matter to wait until he got drunk one night and then borrow his car. Then you could put it back with no one the wiser."

"That never happened," said Warzinski.

"No?" Lilly questioned. "You know what I think? I think you got scared when Martin saw you with Cordilini at the mall that day. I also think you were scared that he might tell Kyle Lord about your affair with his wife. So you waited until Lord got drunk, as you knew he would. Then you took his car, forced Martin off the University Avenue Bridge, and then returned the car knowing that Lord wouldn't be able to offer an alibi for what had happened at the bridge."

"I think I'm through here," said Warzinski. "I think I want my department legal representative before I answer any more questions."

"That's probably a good idea," said Stillman, laying a folder on the table. "Maybe then you can explain this."

"What's what?"

"Your bank records for the mid-1980s to the present," said Stillman. "Maybe you can explain how you've been able to put away so much money on a cop's salary. According to the records you have nearly half a million dollars in the bank."

"My ex-wife came into an heritance, that's all," said Warzinski.

"No she didn't," said Lilly. "We checked with your ex-wife. She said you got divorced because you kept working double shifts. Only the records show you rarely worked more than a single shift."

"Something else you might want to explain," said Stillman. "Martin was shot with a .38 caliber pistol. We got the ballistics back on the gun. According to the records, that same pistol was turned in to the property room 5 months ago. And it seems to be missing now."

"And your sergeant said that you suddenly remembered an appointment the other day," said Lilly. "The same day that ADA Johnson asked you about anything you knew about the attempt on Martin's life in 1989. Less than 2 hours before Martin was murdered in his hotel room."

Warzinski didn't say anything. He just looked at Lilly and Stillman. There were too many questions he didn't have the answers to.

"I also did some digging," said Lilly. "In 1989 Gayland Martin was driving a midnight blue 1967 Pontiac Tempest. He said it was the first car he ever owned and his dad made him earn the money to buy it. At that time you were driving a midnight blue 1972 Buick Skylark. Similar body styles and the same color.

"He told Lord he had seen his car at the motel where you and his wife used to meet. I think it was your car he saw there. Lord doesn't know anything about cars. To someone like him the two cars were probably indistinguishable. So you had 2 reasons to want Martin out of the way.

"Then when Johnson came to you asking what you knew about the attack on Martin that night in 1989 you realized that he was still alive. You couldn't risk that Martin might be able to identify you from the attempt on his life in 1989. So you got a gun out of the property room, went to the hotel where Martin was staying, and killed him. Then left the gun there knowing that Lord would almost surely be blamed for the murder.

"That's it," said Warzinski. "I'm through saying anything until my legal rep gets here."

"Suit yourself," said Stillman. "We've all ready turned what we have over to Internal Affairs. They're waiting in my office to have a little chat with you. Things will go a lot easier on you if you come clean now. You know how those boys in IA can be. They're relentless. They'll scour every bit of your background exposing every dirty little secret you have.

"You were also seen leaving the hotel the night that Martin was killed. I'm willing to bet that the witness can identify you as the one leaving the hotel that night. And we all ready have the gun linked to you. You wiped the gun off but you forgot to wipe the bullets off that you loaded it with. Pretty sloppy for a seasoned police officer."

"Give it up, Warzinski," said Lilly. "We've got you dead to rights. The lieutenant is right about one thing. It will go a lot easier on you if you tell us what happened now. Otherwise. . . ."

Warzinski just dropped his head. It was over and he knew it. His career was ended and there was no way to stay out of prison. The only question was how much time he would spend in prison.


	8. Chapter 8

EIGHT

October 21, 2003

Gayland Martin Lord was folding laundry in the hotel room he and Kyle Lord were sharing. In the two days they had been there they had been able to get caught up. And they were realizing that they were still the same friends they had been 14 years earlier. Suddenly there was a knock at the door.

"What did you do, Kyle?" he called out, heading for the door. "Did you forget your key again?"

He opened the door to find a man standing outside that he didn't recognize. The man was about 45 with balding hair. He was also wearing a policeman's uniform with an overcoat covering the uniform. And he had a pistol pointed at Gayland.

"Uh, what's the problem, officer?" Gayland asked. "Detective Vera said I was free to go. He spoke with the arresting officer and that officer agreed not to press any charges. As long as I make full restitution on the damages to the car, which I fully intend to do just as soon as I get a job."

"Nice try, Martin," said the officer, pushing Gayland back into the room. "We both know that's not why I'm here. Why couldn't you just stay dead? Everything was settled. Why couldn't you just stay gone? Now I have to finish what I started 14 years ago?"

"The bridge? That was you?"

"As if you didn't know. I know how you escaped from the car that night. You must have seen me looking over the edge of the bridge. To make sure you were dead. I should have checked closer. But it was too risky. Someone could have come by. I had to get the car back to Lord's house so he'd take the blame for it."

"I knew Kyle didn't try to kill me. Why? I don't even know you. What did I ever do to you?"

"You saw me with Cordilini. If that ever got out it wouldn't take much to connect me with his boss, Marconi. I've been working for them for years, making a nice living on the side. No one suspects me. I'm a good, clean cop. And I have to keep it that way. I can't trust that you won't tell them it was me that night in 1989."

"Yeah, I saw you. But I didn't even know who you were. It was too dark. All I saw was the silhouette of a man looking over the side of the bridge. I couldn't have identified you even if I had wanted to. I thought Cordilini had sent you to kill me because of the money I owed him."

"Cordilini doesn't know anything about it. He'd never kill someone who owed him so much money. Not good for business. But that really doesn't change anything. You know too much. I can't just let you walk out of here."

"Look, like I said, I can't identify you as the guy who forced me off the bridge that night. Which means there's no evidence against you. Even if I tell anyone what you just told me, it's hearsay. It can't be used in court. And I'm sure the statute of limitations has all ready run out on what you did. There's no way they'll ever be able to convict you of it. Just turn around and walk away and I'll disappear. I'll go back to Colorado where I've been living the last 14 years and no one will ever hear from me again."

"I can't take that chance," said Warzinski. "There's no statute of limitations on attempted murder. Besides, now you can now connect me to Marconi. I've worked too hard all these years covering my tracks to have it all come unraveled now. I don't have a choice. Don't worry. Your buddy, Lord, will still get the blame for your murder. An argument that got out of hand. No one will question that he probably killed you out of revenge for making him spend 14 years in prison for a crime he didn't commit. All nice and simple. And I don't ever have to worry about you ever again."

Martin suddenly reached for the gun. He knew he had only one chance. To get the gun away from Warzinski before he could use it. But the policeman was ready for him. As Martin reached for the gun Warzinski fired 3 shots. The bullets struck Martin in the chest and he immediately fell to the floor.

Warzinski bent down and checked the body. Martin was still alive. He couldn't risk that Martin might recover. He had too much invested. He moved over and grabbed a pillow from the sofa and then moved back to the man lying on the floor. He placed the pillow over Martin's face and pressed it down with all his strength.

Martin struggled for several moments and then suddenly lay still. Warzinski checked the body again and found no pulse. Then he pulled a handkerchief out of his pocket and carefully wiped the gun down and laid it on the floor next to the body. Then he looked around to make sure there was nothing in the room that could be linked to him. Then he moved over and wiped his prints off the doorknob to the front door.

People were beginning to move around in the hallway. It was a safe bet that at least some of the people in nearby rooms had obviously heard the shots. The hallway would be swarming with people and he couldn't afford to be seen leaving the room by that way.

Quickly Warzinski moved to the window and opened it. Looking out he saw the fire escape that led to the alley behind the hotel. From his vantage point he could see his car parked in the parking lot. All he had to do was move down the fire escape and to his car while everyone was busy milling around in the hallway.

Suddenly he heard a key in the front door to the hotel room. Warzinski quickly moved out of the window onto the fire escape, closing the window behind him. He stepped back from the window and peered around the corner. He saw Kyle Lord enter the room carrying two bags of groceries. Lord saw the body on the floor and dropped the bags, moving immediately to the body. Almost automatically he reached down and picked up the pistol looking it over.

Warzinski began to make his way down the fire escape as quickly as possible. Everything was set. Even now he saw a police car pulling up to the front of the hotel. The uniforms would find Lord in the room with Martin's body and with Lord's fingerprints on the murder weapon. Silently he smiled to himself as he made his way across the parking lot to his car.

* * *

Stillman walked into his office where the two Internal Affairs officers were sitting waiting for him. ADA Johnson was also in the office. The three stood up as Stillman walked into the office. He handed a badge and gun to one of the IA officers.

"These are Warzinski's," he said. "You can have him as soon as he's finished writing up his statement. He's made a full confession."

"You certainly made our job easier," said one of the IA detectives. "We should be able to close the book on this one very quickly."

"Just get him out of here as quickly as possible," said Stillman. "Having IA in the squad room is unsettling to my detectives."

The 2 AI detectives just smiled and left the office. Stillman took a seat behind his desk.

"Warzinski killed Martin?" Johnson asked.

"Yeah," said Stillman. "He was also the one who made the attempt on him in 1989. Warzinski has been working for Marconi for years and was afraid Martin could ID him. Everything is in his statement. Lil should have the statement in a few minutes."

"So it would appear that Lord had nothing to do with the attempt on Martin's life."

"That's the way a looks. It means he spent 14 years in prison when he didn't do anything."

"It wasn't my case, lieutenant. And even your own detectives agreed that under the circumstances no one did anything wrong. It was just a bad situation all the way around."

"I'm not disputing that. But mistakes were made. If we're going to put a man in jail for life we need to make sure all of our ducks are in a row. I agree that no one did anything wrong in this case. But detectives need to be as diligent as possible to make sure they have the right perpetrator."

"I agree we don't have a perfect system. I also know that most detectives are very diligent when investigation a crime. This one just fell through the cracks."

"I know," said Stillman. "I just don't like that we put a man in prison when he hadn't done anything. It seems to me we should have been able to figure this out a lot earlier."

"No argument. Anyway, based on this new evidence I don't think there will be any problem getting his conviction completely thrown out and the entire matter expunged from his record. Very soon he will be a free man."

"Good. I'll be sure and let him know that."

Johnson picked up his briefcase and left the office. Stillman absently thumbed through the files on his desk. These cold cases were always bittersweet. On the one hand they had been able to bring a murderer to justice and perhaps help the families of the victims begin to get some closure. On the other hand many of the victims in these cases had not needed to die.

Warzinski had murdered Martin because he was afraid Martin could identify him and he'd end up in jail for consorting with organized crime figures. Except that Martin couldn't have identified Warzinski. If the policeman had simply let the situation go he'd still be working the property room with no indication that he had ties to organized crime.

Stillman finally flipped open and file and began to work on the paperwork in that file. It did no good to dwell on such things. At least they were able to bring Warzinski to justice and close another case. And tomorrow was another day. And another cold case that, hopefully, they would be able to solve that one as well.

The End

If you've enjoyed this story, you can find more "Cold Case" stories at my website, Creative Passions, listed in my bio. You can also post your own "Cold Case" stories or other stories if you like to write fan fiction.


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